Republic v James Mwangi Maina [2017] KEHC 1211 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 8 OF 2016

REPUBLIC...........................................PROSECUTOR

VERSUS

JAMES MWANGI MAINA...........................ACCUSED

R U L I N G

1. The Accused James Mwangi Maina is charged with murdercontrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 09/06/2016 that in the night of 21st and 22nd May 2016 at Gakuya Village, Murarandia Location in Kahuro Sub-County within Murang’a County, he murdered one Zacharia Waiharo Maina.  On 22/06/2016 he pleaded not guilty to the charge.  His trial commenced on 13/03/2017 and is scheduled to continue on 02/07/2018.  He has in the meantime applied by notice of motion dated 06/06/2017 to be admitted to bail.  The Republic has no objection.

2. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any conditions that the court might impose for such bail, again by constitutional edict, must be reasonable.  See Article 49(1) (h)of the Constitution of Kenya, 2010.

3. I have read the witness statements and other documents provided to the Accused and the court by the prosecution.  I do not find any compelling reason to deny the Accused bail.

4. I will in the circumstances allow the application.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 21ST DAY OF DECEMBER 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 22ND DAY OF DECEMBER 2017